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Indianapolis Wrongful Death Lawyer
Wrongful Death Lawyer in Indianapolis
Have you lost someone close to you due to a preventable accident or another person’s wrongful behavior? The unexpected loss of a loved one is never easy, and it is often much more painful when it happens needlessly.
On top of unfathomable grief, you might struggle financially because of losing your loved one’s income and unforeseen end-of-life expenses. If so, you should know that you could have the right to seek accountability and fair compensation for your losses in a wrongful death claim.
You should not have to bear the financial costs of your loved one’s death in addition to your suffering. A fair settlement from a wrongful death claim can restore your household income, provide a sense of closure, and help you regain a sense of stability. The Indianapolis wrongful death lawyers at Klezmer Maudlin, PC, can help. Give us a call or contact us online to learn more about your legal options in a free case review.
Why Choose Klezmer Maudlin, PC?
At Klezmer Maudlin, PC, we believe in putting people first. Our team is deeply invested in the welfare of our community, and our client-centric approach informs every aspect of what we do. If you have recently lost someone close to you, we’re here to provide the supportive and compassionate representation you need during this difficult time.
When you come to us after the unexpected death of a loved one, we will take the time to get to know you. We want to understand your situation fully so we can respond to your needs and develop intelligent legal strategies to reach your goals. Our team will have your best interests in mind throughout your case and help you seek justice and accountability on behalf of your loved one.
Wrongful death claims are highly complex legal matters, subject to numerous procedural rules and restrictions. And while you’re still mourning the death of someone you love, the last thing you need is the stress of navigating the legal system. Let our team handle the demanding work of preparing and pursuing your claim while you take the time you need to grieve.
The Klezmer Maudlin team has decades of combined legal experience recovering millions of dollars in fair compensation for deserving clients like you. Our firm has multiple convenient locations throughout Indiana, including offices in Indianapolis. We are ready to meet with you in person or virtually at your convenience, so don’t hesitate to contact us for a free case review when you’re prepared to discuss your case.
Compensation for Wrongful Death Claims
When a person dies due to someone’s careless or intentional behavior, surviving family members have the right to file a wrongful death claim against the at-fault party. A wrongful death claim is similar to a personal injury claim, except that the injured person can no longer pursue the claim because they died. As a result, any money awarded in a wrongful death claim goes to the deceased’s surviving family.
No amount of money could ever make up for the loss of a loved one, but compensation from a wrongful death claim can give survivors the resources they need to find stability and move forward. The value of your wrongful death claim can vary considerably depending on factors like your loved one’s age at the time of death, their projected earning capacity, and any medical or funeral costs associated with their preventable and fatal injury.
In many Indianapolis wrongful death cases, surviving family members of the deceased claim monetary compensation for:
- Hospital bills and other medical expenses the deceased incurred as a result of their injury before their preventable death
- Funeral, burial, or crematorial expenses the deceased’s estate incurs
- The costs of administering the deceased’s estate, including attorney’s fees
- Loss of the deceased’s love, companionship, affection, care, or guidance
- Loss of the deceased’s future earnings or other household services
- Reasonable costs of counseling for surviving loved ones struggling with grief
Remember, there are “damage caps’‘ that limit the amount of compensation you can receive for an Indiana wrongful death claim. For instance, claims have a cap of $300,000 plus medical and funeral expenses when the wrongful death victim is 23 or older and has no dependents. No matter the circumstances, you can count on the attorneys of Klezmer Maudlin to maximize your compensation.
Wrongful Deaths in Indiana
Indiana law defines wrongful death as occurring due to the wrongful act or omission of another.
According to recent data, preventable deaths are all too common in Indiana:
- A senior demographer from Indiana University estimates that Indiana recently had an annual average of almost 8,100 “excess” deaths among residents under 75.
- Excess preventable deaths reportedly account for roughly one-quarter of all deaths across major age groups under 75 in Indiana.
- Twenty years ago, Indiana residents had life expectancies on par with the national average. Now, the life expectancy for Indiana residents is two years less than the national average.
- That same year, there were approximately two preventable choking deaths, nine preventable fall deaths, 14 preventable traffic accident deaths, and 32 preventable poisoning deaths for every 100,000 Indiana residents.
- Indiana has one of the highest rates of babies who die in their first year of life. Infant mortality rates in Indiana are 20 percent higher than the national average.
- There were 92 pregnancy-related fatalities among Indiana mothers in one recent year. Roughly 40 percent of excess mortalities in Indiana are reportedly related to maternal or infant health.
If you know or suspect you have grounds for a wrongful death claim in Indianapolis, you should understand the statutory time limits that apply to your case. Specifically, Indiana law gives you two years from the date of your loved one’s death to file a claim or risk losing your right to seek compensation in civil court.
When you factor in the amount of time it could take to sort through your loved one’s final affairs, find the right attorney, and prepare a strong case, two years isn’t much time. That’s why you should seek help from an Indianapolis wrongful death lawyer who can handle your claim skillfully and efficiently.
The team at Klezmer Maudlin, PC, has the resources and experience to promptly and carefully evaluate your wrongful death claim and get started on your case. We can answer any questions, so contact us now to learn more.
Types of Wrongful Death Cases in Indianapolis
The top causes of Indianapolis wrongful death cases include:
- Traffic accidents. Victims of car accidents, truck accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents can suffer fatal injuries from blunt-force impacts, crushing forces, sharp projectiles, and gas fires.
- Unsafe premises accidents. People can die on someone’s premises when owners fail to keep their properties in a safe condition, fail to warn visitors of potential hazards, or allow dangerous animals to roam at large.
- Unsafe product accidents. Some consumers suffer fatal injuries through no fault of their own while using hazardous products, such as defective drugs, dangerous children’s toys, or poorly designed appliances.
Dealing With Insurance Companies After a Wrongful Death
In some wrongful death cases, surviving family members can file claims against specific insurance policies, such as auto liability insurance policies. And when these situations arise, dealing with insurance companies can present challenges. After all, many wrongful death cases involve high-dollar claims directly affecting insurance companies’ earnings.
Because insurance companies are for-profit businesses, they often do everything they can to avoid paying out large sums, even if that means denying fair compensation to grieving survivors. The insurance adjuster might insist that vague policy language prevents them from approving all or part of a claim or even imply that the victim was partially at fault.
The insurance company has teams of corporate lawyers and tons of experience figuring out ways to minimize and deny valid claims, which is why it’s essential to obtain legal representation.
The trusted wrongful death attorneys of Klezmer Maudlin, PC, can stand up to big insurance companies and strengthen your claim by:
- Conducting an independent investigation into the circumstances surrounding your loved one’s unexpected death
- Communicating with the insurance company and other parties for you
- Obtaining helpful evidence of your loved one’s death to support your claim
- Interviewing eyewitnesses and medical experts for compelling case testimony
- Filing claim paperwork and negotiating aggressively to maximize your settlement
- Taking your case to court and representing you at trial, if the insurer won’t pay
How to File a Wrongful Death Claim in Indiana
Once you decide to pursue a wrongful death claim in Indianapolis, you can expect your attorney to:
- Determine who will file the claim. If the deceased left behind a valid will, their nominated executor could act as the personal representative who files the claim. Otherwise, the court can appoint someone as a representative.
- Investigate and prepare the claim. It will be necessary to establish the deceased’s estate, investigate the possible causes of their death, and determine which parties could be liable. An attorney can handle these tasks on your behalf.
- Demand and negotiate a settlement. Next, your attorney will need to send the liable party or insurance company a demand letter outlining your claim and, in some cases, engage in out-of-court settlement negotiations.
- File a wrongful death lawsuit. If settlement talks stall, your next step would be to proceed with a wrongful death lawsuit in Indiana’s civil court system.
- Litigate and collect compensation. In some cases, parties settle out of court even as litigation proceeds. Otherwise, the court will render a verdict, which both parties must follow. If you win your case, you can collect the compensation via lump sum or structured settlement. And if you lose, your attorney can help you prepare and file an appeal.
Indianapolis Wrongful Death FAQs
Consider the following answers to some of our firm’s most frequently asked questions about Indianapolis wrongful death cases:
Who Can File a Wrongful Death Lawsuit in Indianapolis?
Only the personal representative of the deceased’s estate may file a wrongful death lawsuit in Indiana. The personal representative is often the executor named in the deceased’s will, but if the executor cannot fulfill their duties or there is no valid will, the court can appoint another person. No matter who serves as personal representative, they must obtain court approval.
What Happens When a Child Is the Victim of a Wrongful Death?
If a wrongful death victim is a child at the time of their death, the child’s parents have the right to file a wrongful death lawsuit. If the child’s parents are not together, the custodial parent has the right to file. And if the child has no living parents, their legal guardian has the right to file.
Can I File a Wrongful Death Claim if the At-Fault Party Faces Criminal Charges?
Yes. A criminal case against the at-fault party has no direct bearing on a wrongful death claim, which is a civil action. You could use the fact of a criminal conviction as evidence in a related wrongful death claim, but a conviction does not guarantee a successful claim. Similarly, a failed criminal prosecution does not prevent you from filing a wrongful death claim or hurt your chances of success.
Get in Touch With Our Indianapolis Wrongful Death Lawyers
If you have lost someone close to you, the Indianapolis wrongful death lawyers at Klezmer Maudlin, PC, can help you seek the justice and compensation you deserve. You should not have to navigate the legal system alone during this difficult time. Contact our compassionate and dedicated legal team today at (317) 569-9644 to discuss the details of your case in a free initial consultation session. Reach out to an Indianapolis personal injury lawyer.
Klezmer Maudlin Indianapolis Office Location
8520 Center Run Dr
Indianapolis, IN 46250
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